Hi; I was sued last year by BOA via FIA Services.

Hi; I was sued last year by BOA via FIA Services. We answered and said we would represent ourselves and then contacted the attorney in writing regarding a possible settlement plan of which they really wanted no part of unless we could put big money up first. After that went nowhere we waited for our day in court. The attorney then sent a letter requesting judgement to be granted as we had not responded and was granted this. Her letter was dated 4 days before mine was recieved, by the time I got it the court had already received it and made a decision.

I know in CT that judgements are usually ordered to be paid in 35.00 per week increments which is fine as we are finally back on our feet and things are going "normal" again and would pay more than that. My question is if we are paying on this order can they still freeze our bank account and garnish paychecks if we are in accordance with the order? This all happened in the past few days and I have received nothing else in the mail yet from the court (actually saw the order on line as it is electronic). Any advice you could give me would make me sleep a little better, I'm in Connecticut. Thanks.

3 Answers

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The $35.00 payments scenario I got from looking at literally hundreds of lawsuits FIA has served for Bank of America in Connecticut.    I have not received the actual order yet, just that heir motion was granted for motion for default - pleading file (not plead but I incorrectly assumed I pleaded in court when I was given a court date!).  Basically if there is an order that stipulates 35.00 a week, can they still come after my bank account and wages if I am paying on the order?  And what if I make a better deal wtih them - say I give them a bigger X plus a larger Y to start with and then of course follow through on it.  I guess thats my main question - I don't know or see how they can say "pay us 20 grand right now". And how long does garnishment/freezing take after this kind of order?  Do I have to wait until the final order comes to really worry more than I am now?

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I just googled CT statutues and I dont see anything about $35 payments.  Did FIA motion for weekly payments?  Is this specified in the judgment?  If not, then they are free and clear to garnish and levy you.

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You should immediately contact with BOA and ask them about this matter. I think they won’t freeze your bank account and garnish you paychecks, if you pay in accordance with the order. You may consult with an attorney in this regard.

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